Legal Opinion
State ex rel. Ballard v. O'Donnell
Ohio Supreme Court
Decided April 18, 1990No. 89-575PublishedCited by 92 opinions
1Opinion of the CourtMoyer, C.J.
The question presented for our consideration is whether a writ of mandamus may issue compelling a judge to vacate a judgment and prejudicial findings made against a person who did not appear and was not a party in the proceedings in which the judgment and prejudicial findings were made.
In order to be entitled to a writ of mandamus, relator must show (1) that he has a clear legal right to the relief prayed for, (2) that respondent is under a clear legal duty to perform the act requested, and (3) that relator has no plain and adequate remedy in the ordinary course of the law. State, ex rel.…
2Cases cited11 opinions
- Armstrong v. ManzoSupreme Court of the United States · 1965
- Wisconsin v. ConstantineauSupreme Court of the United States · 1971
- State ex rel. Pressley v. Industrial CommissionOhio Supreme Court · 1967
- Peralta v. Heights Medical Center, Inc.Supreme Court of the United States · 1988
- Ex Parte United StatesSupreme Court of the United States · 1916
6 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Cincinnati Insurance v. EmgeOhio Court of Appeals · 1997
- State ex rel. Newton v. Court of ClaimsOhio Supreme Court · 1995
- State ex rel. Lewis v. MoserOhio Supreme Court · 1995
- Chuang Dev. L.L.C. v. RainaOhio Court of Appeals · 2017
- State ex rel. Smith v. FrostOhio Supreme Court · 1995
87 more not listed; retrieve them via the Exa API.